Guardianship

A Guardian is one who is entrusted by Probate Court to have custody of a
minor or legally incapacitated adult. Once under guardianship the
incapacitated individual or minor becomes the protectee or ward of the
guardian. The guardian is the party responsible for and has the
authority to make decision for their ward(s). This means the guardian
will decide where ward lives, who they may visit, where they go, and
give consent to medical treatment. This is important, because the ward
has been deemed by the court as unable to care for themselves or
evaluate information, and lacks the mental capacity to make decisions.
In every case the ward is placed in the least restrictive living
environment to enhance their quality of life and give them a reasonable
amount of freedom.

When individuals become wards they are
limited in what they are allowed to do. They are unable to vote or
obtain a driver's license. They are also unable to enter into any
contract, which includes marriage, and do not have the legal power to
consent or serve as a witness for trial.

The process of obtaining a guardian is a
legal one and begins with contacting an attorney for representation.
The attorney will then petition Probate Court to hear the case for the
guardianship. The judge will then decide on setting a hearing, if
he/she believes the case to have merit. The judge will rule whether or
not the individual needs a guardian at that time. Often times,
testimony will be heard and statements from the individual's doctor or
care facility may be admitted as evidence. The judge will consider if
the individual is able to live independently, manage their own affairs
and finances, or a danger to themselves or others. It may take multiple
hearings and several months to establish a guardian.